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Commentaries on the Laws of England, Book 1 (1765)

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Commentaries on the Laws of England, Book 1 (1765) COMMENTARIES ON THE LAWS OF ENGLAND BOOK THE FIRST (1765) WILLIAM BLACKSTONE, Esq. Based on the first edition, together with the most material corrections and additions in the second edition. Translation of greek, latin, italian and french quotations (with some modifications) by J. W. Jones, Esq. (1823) Footnotes have been converted to chapter end notes. Spelling has been modernized. This electronic edition © Copyright 2003, 2005 Lonang Institute www.lonang.com Table of Contents Dedication ................................................................. 1 Preface.................................................................... 2 INTRODUCTION Sect. 1: On the Study of the Law .............................................. 4 Sect. 2: Of the Nature of Laws in General....................................... 25 Sect. 3: Of the Laws of England............................................... 39 Sect. 4: Of the Countries Subject to the Laws of England ........................... 57 BOOK 1: Rights Of Persons Chap. 1: Of the Absolute Rights of Individuals................................... 75 Chap. 2: Of the Parliament................................................... 89 Chap. 3: Of the King, and His Title ............................................114 Chap. 4: Of the King's Royal Family...........................................130 Chap. 5: Of the Councils Belonging to the King ..................................135 Chap. 6: Of the King's Duties.................................................139 Chap. 7: Of the King's Prerogative.............................................142 Chap. 8: Of the King's Revenue.............................................. 168 Chap. 9: Of Subordinate Magistrates .......................................... 202 Chap. 10: Of the People, whether Aliens, Denizens, or Natives ...................... 219 Chap. 11: Of the Clergy ..................................................... 225 Chap. 12: Of the Civil State .................................................. 238 Chap. 13: Of the Military and Maritime States ................................... 245 Chap. 14: Of Master and Servant.............................................. 254 Chap. 15: Of Husband and Wife............................................... 261 Chap. 16: Of Parent and Child ................................................ 270 Chap. 17: Of Guardian and Ward.............................................. 279 Chap. 18: Of Corporations ................................................... 283 William Blackstone: Vol. 1, Commentaries on the Laws of England (1765) Page 1 Dedication TO THE QUEEN'S MOST EXCELLENT MAJESTY, THE FOLLOWING VIEW OF THE LAWS AND CONSTITUTION OF ENGLAND, THE IMPROVEMENT AND PROTECTION OF WHICH HAVE DISTINGUISHED THE REIGN OF HER MAJESTY'S ROYAL CONSORT, IS, WITH ALL GRATITUDE AND HUMILITY, MOST RESPECTFULLY INSCRIBED BY HER DUTIFUL AND MOST OBEDIENT SERVANT, WILLIAM BLACKSTONE © Copyright 2003, 2005 Lonang Institute www.lonang.com William Blackstone: Vol. 1, Commentaries on the Laws of England (1765) Page 2 Preface The following sheets contain the substance of a course of lectures on the laws of England, which were read by the author in the university of Oxford. His original plan took it's rise in the year 1753: and, notwithstanding the novelty of such an attempt in this age and country, and the prejudices usually conceived against any innovations in the established mode of education, he had the satisfaction to find (and he acknowledges it with a mixture of pride and gratitude) that his endeavors were encouraged and patronized by those, both in the university and out of it, whose good opinion and esteem he was principally desirous to obtain. The death of Mr Viner in 1756, and his ample benefaction to the university for promoting the study of the law, produced about two years afterwards a regular and public establishment of what the author had privately undertaken. The knowledge of our laws and constitution was adopted as a liberal science by general academical authority; competent endowments were decreed for the support of a lecturer, and the perpetual encouragement of students; and the compiler of the ensuing commentaries had the honor to be elected the first Vinerian professor. In this situation he was led, both by duty and inclination, to investigate the elements of the law, and the grounds of our civil polity, with greater assiduity and attention than many have thought it necessary to do. And yet all, who of late years have attended the public administration of justice, must be sensible that a masterly acquaintance with the general spirit of laws and the principles of universal jurisprudence, combined with an accurate knowledge of our own municipal constitutions, their original, reason, and history, has given a beauty and energy to many modern judicial decisions, with which our ancestors were wholly unacquainted. If, in the pursuit of these inquiries, the author has been able to rectify any errors which either himself or others may have heretofore imbibed, his pains will be sufficiently answered: and, if in some points he is still mistaken, the candid and judicious reader will make due allowances for the difficulties of a search so new, so extensive, and so laborious. The labor indeed of these researches, and of a regular attention to his duty, for a series of so many years, he has found inconsistent with his health, as well as his other avocations: and has therefore desired the university's permission to retire from his office, after the conclusion of the annual course in which he is at present engaged. But the hints, which he had collected for the use of his pupils, having been thought by some of his more experienced friends not wholly unworthy of the public eye, it is therefore with the less reluctance that he now commits them to the press: though probably the little degree of reputation, which their author may have acquired by the candor of an audience (a test widely different from that of a deliberate perusal) would have been better consulted by a total suppression of his lectures; ) had that been a matter entirely within his power. For the truth is, that the present publication is as much the effect of necessity, as it is of choice. The notes which were taken by his hearers, have by some of them (too partial in his favor) been thought worth revising and transcribing; and these transcripts have been frequently lent to others. Hence copies have been multiplied, in their nature imperfect, if not erroneous; some of which have fallen into mercenary hands, and become the object of clandestine sale. Having therefore so much reason to apprehend a surreptitious impression, he chose rather to submit his own errors to the world, than to seem answerable for those of other men. And, with this apology, he commits himself to the indulgence of the public. © Copyright 2003, 2005 Lonang Institute www.lonang.com Introduction William Blackstone: Vol. 1, Commentaries on the Laws of England (1765) Page 4 SECTION 1 On The Study of The Law* Mr. Vice-Chancellor, And Gentlemen Of The University, The general expectation of so numerous and respectable an audience, the novelty, and (I may add) the importance of the duty required from this chair, must unavoidably be productive of great diffidence and apprehensions in him who has the honor to be placed in it. He must be sensible how much will depend upon his conduct in the infancy of a study which is now first adopted by public academical authority; which has generally been reputed (however unjustly) of a dry and unfruitful nature; and of which the theoretical elementary parts have hitherto received a very moderate share of cultivation. He can not but reflect that, if either his plan of instruction be crude and injudicious, or the execution of it lame and superficial, it will cast a damp upon the farther progress of this most useful and most rational branch of learning; and may defeat for a time the public-spirited design of our wise and munificent benefactor. And this he must more especially dread, when he feels by experience how unequal his abilities are (unassisted by preceding examples) to complete, in the manner he could wish, so extensive and arduous a task; since he freely confesses, that his former more private attempts have fallen very short of his own ideas of perfection. And yet the candor he has already experienced, and this last transcendent mark of regard, his present nomination by the free and unanimous suffrage of a great and learned university, (an honor to be ever remembered with the deepest and most affectionate gratitude,) these testimonies of your public judgment must entirely supersede his own, and forbid him to believe himself totally insufficient for the labor at least of this employment. One thing he will venture to hope for, and it certainly shall be his constant aim, by diligence and attention to atone for his other defects; esteeming, that the best return, which he can possibly make for your favorable opinion of his capacity, will be his unwearied endeavors in some little degree to deserve it. The science thus committed to his charge, to be cultivated, methodized, and explained in a course of academical lectures, is that of the laws and constitution of our own country: a species of knowledge, in which the gentlemen of England have been more remarkably deficient than those of all Europe besides. In most of the nations on the continent, where the civil or imperial law under different modifications is closely interwoven with the municipal laws of the land, no gentleman,
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